Legal Question in Real Estate Law in Massachusetts

Look to your Deed for an Easement

If the driveway was there when you purchased the property, take a look at the deed to see if there is an easement noted. If you cannot find the deed, it is on file at the Registry of Deeds. If you let me know where you live (town), I can tell you where you have to go. The registry will likely have the easement recorded as well. The document that defines the easement, if one exists, will spell out what rights you have.

You may also have a claim to "own" the land outright, if certain conditions are met in the way you have used the land over which your driveway passes. There are a number of facts that are needed to complete this analysis. You would need to talk with an attorney in the state where you live to determine if this is the case.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

Easement rights in deed

Easements may be created by deeds or by use. If your easement wascreated by a deed, the deed may have set down "rules" for maintainingand using the easement. You should start by examining the deed orother document that created the easement to see if it creates duties formaintaining the driveway.